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The Prohibition of Propaganda for War in International Law$
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Michael G. Kearney

Print publication date: 2007

Print ISBN-13: 9780199232451

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232451.001.0001

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The Prohibition of Propaganda for War in International Human Rights Treaties

The Prohibition of Propaganda for War in International Human Rights Treaties

Chapter:
(p.133) 4 The Prohibition of Propaganda for War in International Human Rights Treaties
Source:
The Prohibition of Propaganda for War in International Law
Author(s):

Michael G. Kearney

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232451.003.0005

This chapter examines the manner in which Article 20(1) of the Covenant has been interpreted and applied. Drawing on the periodic reports of states parties to the Human Rights Committee, and the responses of the Committee members, national legislation is considered. The compatibility of the prohibition with the right to freedom of expression and the responsibility of states for propaganda for war is fully examined. Also discussed in detail are the various reservations to Article 20(1), with the justifications given for these reservations, all but one of which has been entered by a Western state, rejected as being based on narrow political interests rather than legal concerns. Also examined is the relevant jurisprudence of the European and American regional human rights systems.

Keywords:   civil and political, European convention, American convention, reservations, human rights committee, freedom of expression, periodic reports, penal law, incitement, domestic legislation

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